JUNE 1 - ENFORCEMENT BULLETIN
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FEDERAL BUREAU OF INVESTIGATION UNITED STATES DEPARTMENT OF JUSTICE J. EDGAR HOOVER, DIRECTOR JUNE 1967 VOL. 36, NO. 6
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THE COVERRecrea· tional boating laws and safety regulations. See page 14. - LAW ENFORCEMENT BULLETIN CONTENTS
Message From Director J. Edgar Hoover . 1 ~
Police Day in Finland, by Mrs. Eila Kanno, Chief, Bureau of Investigation, Finnish Central Crimi- nal Police . , Drug Abuse Control, by John Finlator, Director, Bureau of Drug Abuse Control, Food and Drug Administration, Department of Health, Educa- tion, and Welfare . 6 .. Responsibility in RadioTV News Coverage, by Chet Casselman, Director, News and Public Af- fairs, Radio Station KSFO, San Francisco, Calif. 12 A
Recreational Boating Laws and Safety Regula- Publl.hed by the tions . 14 EDERAL BUREAU OF INVESTIGATION + UNITED STATES DEPARTMENT OF JUSTICE Search of Motor Vehicles (Part IV) 21 Wa.hlngfon, D.C. 20535 Nationwide Crimescope 23
Wanted by the FBI . 28
Crime Commission Report Not an Indictment of Police . (inside back cover) CRIMES OF VIOLENCE, such as forcible rape, Rather, it is more like an open invitation to hot· murder, aggravated assault, etc., which increase heads and rabble rousers in those areas to move sharply during the long, hot months, are no into action on cue. It puts them on notice that longer the only major crime problem of many they are expected to riot. Where are the reason communities each summer. Some areas are and judgment in this type of leadership? haunted by an equally grave danger-riots and anarchic demonstrations which leave devastation In the past, law enforcement, with rare excep· and ruin in their wake. tion, has met its responsibilities during riots and disorders in an exemplary manner. Some police This danger places a tremendous burden on officers have been killed and many have been as· law enforcement. Already hampered by under· saulted, abused, and maligned for no greater sin manned staffs, police authorities are forced to than enforcing the law. However, I am sure that marshal their strength in expected trouble spots the public, every man, woman, and child regard· and leave other neighborhoods without proper less of his station in life, can rely upon respon· olice protection. Nevertheless, responsible sible law enforcement to discharge its duties of • olice officials recognize, as do all right.thinking protecting the lives, liberty, and property of all Americans, that all citizens have an undeniable citizens. right to petition and demonstrate for causes they support. In fact, enforcement officers spend Local, county, and city authorities should much of their time protecting and guarding speak out and let everyone know that law and marchers and petitioners. order will prevail. They must support the en· forcement of law and make it abundantly clear However, police officials, as well as the general that mobs, riots, and senseless destruction will not public, are becoming weary of persons who, for be tolerated. And too, all Americans must reo self· aggrandizement and monetary gain, exploit member that under our system of government noble causes and agitate peaceful groups into there can be no true liberty for one unless there rioting mobs. Some so·called leaders seem to is liberty for all. "blow hot and cold with the same breath." Their preachments are beginning to have a hollow ring. Lincoln once said, "There is no grievance that They claim to support nonviolence, but do they? is a fit subject of redress by mob law." This is For instance, to publicly pinpoint certain cities an ageless maxim. The lawful way is the only where riots and violence may occur seems to be way to secure equal rights, liberty, and justice inconsistent with the doctrine of nonviolence. for all citizens.
JUNE 1, 1967 ..
"T oday-Police Day-all we po• of Police Day. Last autumn it was In Stockholm, gain a footing in the licemen throughout the country be• held for the fifth time in Finland. police force of the towns in our " come silent and listen to the ring of What is Police Day? country. " the church bells. The bells tell us of This celebration clings as closely When our country in 1809 was the tributes today at the graves of the to the history of the police force of united to the Russian Empire, no state policemen who gave their lives to pro• our country as any other remarkable police existed in Finland. According tect the members of our society." event. to the way of thinking in those days, These words were spoken on Police police should be subordinate to the Day, 1966, by the leading police offi• Origins in Finland government, and hence be at the .. cial of Finland, the Commissioner of ruler's service. Development was Police, Mr. Fjalar larva, as he laid The police government of our coun• such that the city government was set a wreath made of white flowers on the try originated in the Middle Ages apart from the police, and for that ~ grave of an officer who 23 years be• when our country was part of the reason a separate office was founded. fore died in the line of duty. On the kingdom of Sweden-Finland. At that By an imperial manifesto, Decem- ~ blue and white ribbon, the following time, the weaker the power of the king, ber 17, 1816, it was decreed that a ~ words were written, "You did your the less the government had to say police department would be founded duty, we continue your work." about maintaining order in the coun• in Turku, the beginning of the whole The short moment, also commem• try. Of old, maintaining order was Finnish state police. J orated with a police chorus and police one of the rights and duties of the Nowadays we have only one cen• I orchestra, occurred in the cemetery burgesses, and not until the late 17th tralized police force in our country. .. "l of historical Turku. The moment was century did the police court (the Every functionary, the lowest as well ~ 1 a traditional part of the celebration Order Collegium) , which was founded as the highest, is appointed, and ob- 2 FBI Low En/."emen' Bull. 1 Thus, the idea for a Police Day for the whole country was born. Com- missioner larva suggested the idea, and it was later maintained by a com- mittee under his leadership. It has now become a tradition.
· Police Day Police Day Activity Police Day, which actually lasts a week, is celebrated annually in the whole country. Every Police Day • has its own special celebrations related n Finland to the police work: parades, parties for children, visits in homes for the aged and hospitals by the police choirs and orchestras, visits to nursery schools, etc. MRS. ElLA KANNO Police Day always begins on a Sun- Chief, day with a morning service, assisted Bureau of Investigation, by the police chorus and musicians. Finnish Central Criminal Police All this is traditional, but there is also another tradition by which the police particularly want to thank their de- "You did your duty, we continue your work." ceased colleagues. After every morn- ing service, when the church bells ring, exercises at cemeteries are held in the whole country at the same time, and flowers are laid on the graves of those who died in the line of duty. jectivity is the primary goal of the At the same time the police force On the blue and white ribbons there • department and its officers. improved professionallytoday it are always the same words, "You did " In the beginning of this century, can be said to be excellentthe police your duty, we continue your work." our country faced years of severe dis- became aware of the importance of • tress, which among other misfortu~es coming closer to those whom they Purpose of Motto caused police hatred. Police were were to protect. It was necessary to placed on a pedestal and rarely criti- establish closer contact with the gen- Every Police Day has its motto, the
T cized. They were considered the same eral public to make them aware of the purpose of which is to characterize ... as oppressors, and not always with- fact that the police form an office that part of the wide field of duty out reason. This unfortunate repu- which does not want to bring about which shall be particularly empha- ~ +tation followed our police up to the strained relations, but, on the con- sized during that year's celebrations. ~ time of our independence. trary, to get rid of them. The public When the celebration of Police Day also had to be aS3ured that the police started in 1962, the motto was, "The .. A New Beginning force, by its existence, tries to safe- Police Want To Help." The purpose Now, after a long time, everything guard the people for a peaceful, free was to show the public in different is changed. A purposeful work in life within the scope of good conduct ways that the police not only try to r)< order to correct these circumstances and the law. The public needed to be prevent crimes and wrongdoings of • was started long before the Second reminded that the policeman is a citi- individuals, but also by advising, .I.... World War, but the results have be- zen who has a unique task, a task guiding, and warning in advance, come more apparent only since that which should belong to every citizen: show their desire to help. ~ war. The work was started within the protecting and maintaining society This fact they manifested on that f police force itself. and its laws. first Police Day through lectures, ~'t. r e 1967 3 films, puppet shows, and music for old and young alike. In some places policemen took in the harvest from the fields for invalids, and in many police departments, the whole police force went to Red Cross stations to donate blood, a custom which has since been kept up through the years. That first year Police Day was ob· served, thousands of people arrived in Helsinki where the main festival was held. All police stations, open to the public, "with no secrets," played host to more visitors than had been expected. Success was complete, and the press and the public unanimously thanked their police hosts for taking this step which completely reversed the role the police had once played in their community. Police Day 1966-Commissioner of Police Fialar Jarva and the police chief of Turkl1 honor the memory of a fellow policeman.
Police Work Exemplified public the importance of cooperation the principal aim of police work• Mottos for subsequent Police Days in police work over the boundaries, that of protecting and guarding so• were chosen to exemplify other aspects too. ciety-as a central theme. Police ' of police work with appropriate exer· At another time stress was placed work is a form of service in which .; cises to provide diversion and enter· on the importance of establishing many officers have had to lay ~~ tainment as well as to provide appro• bonds of friendship between youth their lives. It is a task in whic1W • priate information to the public. and the police--to forever banish society changes and develops, more During one of these yearly celebra• from the minds of youth the "fright. stress will be placed upon protective tions, a general meeting of Interpol ening" image of the police. and preventive measures. was held in Helsinki which served to Not overlooked in the Police Day bring to the attention of the general celebrations was the observation of "One of Us"
Police Day 1964-Police Sportsmen present themselves in Helsinki. The main festival of Police Day - last year was held in Turku at the same time as the police department of Turku celebrated its ISO-year an- • niversary. During the morning servo ice in the ancient cathedral of Turku, .., Archbishop Simojoki began his ser- , mon with the motto selected for the year, "The Policeman-One of Us. When we say this, we show respect • for police work and the police who protect the peace in our society."
Rarely ever have policemen been I( seen collecting money in a church. This was what happened that day in the cathedral of Turku when the po- • licemen collected a sacrificial gift for "Refugee Help-66."
FBI Law Enforcement BUll... The motto of 1966 is implied in all Every member of this force is a right way, to maintain the society and ious mottos. When it was se• citizen, a person with his own joys safety for its members and to be-one • d, the purpose was to show the and sorrows, and everyone hopes that of us. 't public in various ways that the police· he can be understood as such. He is Because the modern policeman de• man's job, now particularly, is a diffi· one of us. serves no less, we place our goal and Police Day has been celebrated ex• purpose on an ~levated plane. In our cult and responsible one. Though he tremely successfully five times. The intense efforts to join our society and must have consideration for the pres· mottos of the Police Days form and its policemen in a bond of mutual re• ent as well as for the past and the will form the policeman's confession spect and need, we have accomplished , future, he does not put himself in any of faith: The duty of the police is to much. Our task is not complete, nor special position and uses his police help, to bring about cooperation is our goal fully realized. Yet, events powers only when it is necessary for everywhere and for everyone without like Finnish Police Day greatly in• • him to do so to accomplish his diffi· strain or stre3S, ,to guide and advise crease our pride and improve our cult duties. adults as well as young people in the position.
Musical ride during a Police Day celebration.
1967 5 JOHN FINLATOR Director, Bureau of Drug Abuse Control, Food and Drug Administration, Department of Health, Education, and Welfare
During the past several years an alarming increase in the abuse of stimulant, depressant, and hallucino• genic drugs has become apparent. At hearings held by the House of Representatives Committee on Inter• state and Foreign Commerce, state• Drug Abuse Control ments were made that over nine billion barbiturate and amphetamine tablets and capsules are produced < annually in the United States of whir.h a substantial percentage reaches illicit channels. No accurate figures are available on the abuse of tranquil• minds. They have lost the power to cotics of the House Committee on izers, but the production figures ex• think and to reason and to create• Ways and Means. These were fol• ceed those for the sleeping pills, pep lost all power to use what is so funda• lowed by other hearings before the « mental to a life of achievement." Health and Science Subcommittee of pills, and narcotics combined. ~ The "mind-changing drugs," the He continued that the Food and the House Committee on Interstate so-called hallucinogens or psychedel• Drug Administration had " ... em• and Foreign Commerce in 1957 and ~ ics, and LSD in particular, are taking barked on a strong program to curb the Subcommittee to Investigate the newspaper play from the hard the illegal and illicit practices asso• Juvenile Delinquency of the Senate narcotics and other abusable drugs. ciated with LSD. We have the laws Judiciary Committee in 1962. .. There has been a great deal of talk and regulations to do this. And we In January 1963 the President's .. and much written about LSD's sup• are not turning away from the task. Advisory Commission on Narcotic posed power to expand the mind and We welcome it and we are pursuing and Drug Abuse was asked to recom- • to make it function in creative and it with all our energies." mend a program "... to prevent the .• inventive new ways, but Dr. James abuse of narcotic and nonnarcotic L. Goddard, Commissioner of Food Proposed Legislation drugs . . .." The Commission, among • and Drugs, while testifying before the other recommendations, urged that ~ Subcommittee on Executive Reorga• As early as 1951, hearings on pro• all nonnarcotic drugs capable of pro• nization of the Senate Committee on posed legislation to place barbiturates ducing serious psychotoxic effects' Government Operations in May 1966, under controls similar to those for when abused be brought under strict 4 stated, "This is just not so. The rec• narcotics were held. Hearings were control by Federal statute. ords of many hospitals show the ad• conducted again in 1956 on the traf• Hearings on drug abuse control· mission of patients who have taken fic in both barbiturates and ampheta• were resumed in 1964 before the Sub- ~ this drug and have literally lost their mines by the Subcommittee on Nar• committee on Health of the Senate
6 FBI Law Enforcement Bul_ . ~ Committee on Labor and Pu'blic Wel- (2) Distribution of the drugs to unauthor- Some of the objectives of the Bu- e. This bill, S. 2628, passed the ized persons; reau for the next 5 years are to: (3) Possession of the drugs except for per- ate unanimously on August 15, sonal use, use by members of the fam- L Eliminate to irreducible quantities the .. t964, but was not acted on by the ily, or use for family pets; stimulant, depressant, hallucinogenic, House before it adjourned. (4) Refilling prescriptions for the con- and counterfeit drugs in illicit traffic_ Legislation, H.R. 2, was introduced trolled drugs more than five times or 2. Provide an integrated national and inter- • on January 4, 1965, and after exten- more than 6 months after they are ini- national scientific data storage and re- tially prescribed; sive hearings, was passed by the trieval system giving the most uptodate (5) Failing to prepare, obtain, or keep cer- and accurate medical, scientific, and House on March 10, 1965. The bill tain required records of manufacture, operational intelligence on controlled was amended by the Senate and receipt, and distribution and permit drugs. passed on June 23, 1965. After the inspection and copying of these rec- 3. Obtain extensive baseline data on the House agreed to the Senate version, ords; scope of the drug abuse problem. (6) And making, selling, keeping, or con- 4. Enhance State and local capabilities the bill was signed into law on July cealing counterfeit drugs. 15,1965, by President Johnson to be- to control selected drug commodities come effective on February 1, 1966. through cooperative compliance and New Bureau Established educational programs. 5. Enhance consumer selfprotection through Drug abuse is a social evil and bur- Provisions of New Law an informational program that will pro- den on the community. It cannot be vide education on the dangers associated This new law, known as the Drug eliminated through the application of with drug abuse. Abuse Control Amendments (DACA), law enforcement techniques alone. 6. Foster voluntary compliance of the law (1) Provides for control over the manu- Consequently, the Food and Drug Ad- by the regulated industry to reduce facture and handling of three groups ministration established a new Bu- diversions of abuse drugs from legal channels. of depressant or stimulant drugs: reauthe Bureau of Drug Abuse 7. Build an inhouse training capability to Barbituric acid, its saits, and deriva- Control (BDAC)to provIde empha- tives; amphetamine, its salts, and train the BDAC agents, as well as other optical isomers; and any drug which sis and resources to handle all aspects enforcement officials in drug abuse law contains a substance found by the of the drug abuse problem. problems and controls. Secretary of Health, Education, and , e Welfare to have a potential for abuse because of its depressant or stimulant effect or because of its hallucinogenic - . . ., effect. .. (2) Eliminates the necessity for the Gov- ernment to prove interstate shipment of a depressant or stimulant drug. (3) Requires wholesalers and jobbers of these drugs to register with the Food and Drug Administration annually, and requires registered drug manu- facturers to indicate whether or not they are producing depressant or stimulant drugs. (4) Provides for officers of the Depart- ment, who are designated by the Sec- retary, to conduct examinations or .. inspection with authority to: (a) Execute seizures with or without libels of information, (b) Execute and serve arrests and search warrants, (c) Make arrests without warrants in certain cases, (d) Carry firearms_ The amendments also prohibit: (1) The unauthorized manufacture, proc- t- essing, or compounding of controlled BOAC investigators receive intensive training in the recognition and ingredients of depressant, '\ drugs; stimulant, hallucinogenic, and counterfeit drugs.
• e 1967 7 The Washington staff of the Bureau In 12 months of operation the field of Drug Abuse Control is divided into organization, in spite of the extended three divisions: time spent on training, has initiated e A Division of Investigations to develop over 1,700 criminal investigations. .. policies and procedures for the inven- At the going illicit price, $19 million tory audit of manufacturers, wholesalers, in drugs have been seized, with ap- pharmacies, hospitals, etc.; and for coordi· proximately $2 million of hallucino- nating field investigations of illicit traffic in depressant, stimulant, hallucinogenic, and gens, $11 million of stimulants, and counterfeit drugs. $6 million of depressants. A Division of Case Assistance to develop Twenty percent of subjects arrested and maintain guidelines for the prepara- were armed at the time of their arrests, tion of cases; monitor cases on which legal and over 30 percent had criminal action is recommended; provide guidelines for interpretation of statutes and regula- records. tions; and develop policies and procedures. One seizure, made in New Jersey, A Division of Drug Studies and Statistics involved 414 million dosage units of to develop and provide scientific informa- drugs and powder sufficient to pro- tion for field investigators, specialized groups, such as physicians, pharmacists, duce approximately 32 million dosage and manufacturers, as well as the general units, and one in Los Angeles covered public. It has responsibility for statistical 153 grams of LSD, equivalent to studies of the drugs under the BDAC con- 1,500,000 doses. trol and monitors them from production In addition to overt and covert through ultimate distribution. In addition, through cooperation with other units in criminal investigations, agents under- FDA and the National Institute of Mental take record accountability checks of Health, it encourages, arranges for and production and distribution records As in all other law enforcement agencies, initiates studies to determine the potential BOAC Agents are required to complete com- for controlled drugs to achieve four prehensive training courses. for abuse of drugs which affect the central main objectives: (1) To detect diver- nervous system. sion of controlled drugs from legal cers at Federal, State, and local lev,• • channels of distribution; (2) to de- and to security officers at colleges. Investigators velop reliable data regarding the flow A series of fact sheets concerning There are nine field offices in of controlled drugs in legitimate chan- the amendments and the drugs sub- BDAC located at Atlanta, Baltimore, nels; (3) to determine the adequacy ject to control have been prepared and Boston, Chicago, Dallas, Denver, Kan- of records and security measures be- made available to colleges, high sas City, Los Angeles, and New York, ing maintained by manufacturers, schools, military installations, and to staffed at this time with over 200 processors, and distributors of these service organizations. trained agents with experience in drugs; and (4) to produce a deterrent The Bureau of Drug Abuse Con J- trol has initiated a series of training criminal investigation through previ- effect on those who might otherwise, institutes for law enforcement officers. ous experience in the FBI, Bureau of either deliberately or carelessly, be- The purpose of these institutes is to Narcotics, Bureau of Customs, In- come party to the illegal diversion of acquaint police officers with the dan- ternal Revenue Service, Public Roads, drugs. gers (}f drug abuse, to show them how Department of Labor, Food and Drug drug abuse can be detected, to indi - Administration, and local police de- Educational Program cate the sources of illegal suppliers, partments_ This cadre of profes- A vast educational program has and to help them to improve their sionals will be augmented in the been initiated through speeches, pa- effectiveness in this important area of future through recruitment of college pers, and conferences. Letters have law enforcement. graduates. been sent to the country's 55,000 li- A movie, "Bennies and Goofballs," Resident offices have been opened at censed pharmacists, explaining their has been produced and is available ( Miami, San Francisco, Seattle, Wash- responsibilities under the law. Phar- without charge for showing through ington, D.C., Greensboro, Charleston, macy leadership conferences have the Public Health Service Audiovisual Detroit, and St. Louis. Twelve addi- been held and more are scheduled. Facility, Atlanta, Georgia 30333, At- tional offices are scheduled for oper- Two special bulletins have been tention: Distribution Unit, Film AM- ation in fiscal year 1968. distributed to law enforcement offi- 1362. / . 8 FBI Law Enforcement B A contract has been signed with the drug supply and stimulated demand. Act has been prepared and forwarded National Association of Student Per- The Food and Drug Administra- to appropriate officials 0.£ State gov- enel Administrators for an edu- tion will not undertake studies O'f the ernments for their consideration. • cational program on drug and nar- personality traits of drug users, nor This act is patterned after the Federal cotic abuse for college students. The conduct basic research. It will not statute and provides the means for Bureau of Narcotics, Treasury De- study the therapeutic effect of drugs uniform law enforcement at the Fed- partment, and the National Institute in relation to their use in psychiatric eral and State levels. of Mental Health, HEW, are also par- practice, nor will it engage in method- ticipating in the activities of the con- ology research. It will use research The Drug, LSD ~ tract. The project is designed to im- instruments already available or un- prove the awareness and understand- der development by the National A great deal of misconception ex- ing of student personnel administra- Institute of Mental Health of the Pub- ists on LSD, its legitimate use in re- tors of problems associated with the lic Health Service in attempting to search, and the controls maintained abuse of drugs so that they may in gage attitudes toward and knowledge over this hallucinogen by the Govern- turn communicate more effectively about drugs and drug abuse in rela- ment. A review of the manner in with students and the academic com- tion to social class and economic which LSD has been handled by the munity. groupings. Food and Drug Administration, with- out getting involved in legal details Studies are planned to determine and mechanics, is of interest. the abuse potential of many existing Cooperation Sought Under the provisions of the Federal drugs on the basis that abusers may To foster cooperation with State Food, Drug, and Cosmetic Act, the resort to drugs, other than those un- -'I organizations, BDAC has launched a Food and Drug Administration has der control, as illicit sources of con- "State Pilot Drugstore Program." been directly concerned with LSD trolled drugs are eliminated. Socio- Currently, agreements have been for a number of years. logical as well as psychological anal- reached with six StatesFlorida, Sandoz Pharmaceuticals of Switz- yses are planned to determine meth- Texas, Indiana, Georgia, Washington, erland, the firm manufacturing LSD, ods of introduction of individuals to and New Yorkto monitor the prac- made its first contact on the drug with ••g abuse; the relation O'f drug sup- tices of pharmacists with regard to the Food and Drug Administration rs (the source) to the abusing controlled drugs and their record- in 1953 to discuss clinical investiga- group; the significance of the lack keeping practices. Agreements are tions it was planning to pursue in the of information, or presence of mis- being negotiated with 12 additional United States. The drug was re- information, on health hazards among States. garded as a "new drug" as defined by • drug users; and the economies of A model State Drug Abuse Control the law, and FDA agreed to its dis- tribution only to research psychia- Cooperation from local authorities is a big asset in drug abuse investigations. trists properly qualified to investi- gate the drug and use it solely as 'an investigational agent. For 10 years, from 1953 to 1963, experimental investigations with LSD took place in this country.
Requirements
In 1%2 the KefauverHarris Drug Amendments were enacted by the Congress. This new law modified the definition of a new drug and required that a drug be effective as well as safe before it could be marketed commer- cially. The investigational studies of LSD which had been completed up to that time, in Europe as well as in the United States, did not establish
9 the safety (}r the efficacy of LSD. The States for clinical research on humans enable us to lick the problem of drug drug, even today, is regarded as a is either in the vaults of the NIMH, abuse, widespread as it may be, and new drug, and it has not Ibeen ap· or held by the handful of investiga- thus rid our communities of onA proved for marketing. tors approved to continue studies. the most destructive evils in mod. .. In June of 1963 the Food and Drug The Bureau of Drug Abuse Con- society. Administration issued regulations for trol is currently supplying crime labo- The job won't be easy, but it can new drug investigations. Among ratories, health laboratories, and sim- and will be done. other things, they required that the ilar facilities with small quantities of sponsor of an investigational new LSD to be used as a "standard" in Drugs Controlled Under drug prepare and file with the Food their chemical analysis. the Drug Abuse Control .. and Drug Administration an accept- Some persons obtained LSD for in- Amendments of 1965 able rational program of experimen- vestigational use before 1963. Ap- All amphetamines and barbiturates, tation including adequate preclinical propriate action has been taken to designated as habitforming, were testing. In short, the program had round up any of these supplies re- controlled February 1, 1966, the effec- to be reasonably safe and responsibly maining in the hands of unauthorized tive date of the amendments. conducted. investigators. The following drugs were controlled Sandoz Pharmaceuticals drew up An advisory committee of the by regulation, on the dates listed, as and filed a basic investigational plan NIMH assists the Food and Drug Ad- having a potential for abuse because ~ for testing LSD under the new regu- ministration in reviewing all investi- of their depressant, stimulant, or lations. Eventually, about 70 re- gational exemptions. The net effect hallucinogenic effect: It searchers received LSD samples from of this cooperative arrangement al- Depressants: Sandoz under the investigational ex- lows legal experimentation on a pre· Chloral hydrate (Chloral) __ 5/18/66 emption. clearance basis, under conditions that Ethchlorvynol (Placidyl) ___ 5/18/ 66 limit use to qualified physicians in Ethinamate (Valmid) ______5/18/66 Glutethimide (Doriden) 5/18/66 r Research Problems carefully controlled clinical environ- Methyprylon (Noludar) ____ 5/18/66 ments. Paraldehyde ______5/18/66 ( During the period from about 1960 More than 20 years have passed Lysergic acid ____ _ . 9/11 to the present, illegal production, dis- since LSD was first explored for its Lysergic acid amide______9/1 • tribution, and use of LSD began to Chloral betaine (Beta effects upon the mind. Over a decade Chlor.) ______11/19/66 mushroom. Public reaction, too, of experimentation has taken place in began to build to major proportions, Chlorhexadol (Lora.) ______11/19/66 this country. An estimated 2,000 Petri chloral (Periclor.L___ 11/19/66 and in April 1966 Sandoz decided to papers have been published on the Sulfondiethylmethane .. withdraw its sponsorship of investi- material; nevertheless, it still has no (Tetronal.) ______11/19/66 gations with LSD, and psilocybin, an- Sulfonethylmethane ~ place in medical practice. LSD is (Trional.) ______11/19/66 other hallucinogen. still an investigational agent and still If Sandoz, as the only legal spon- Sulfonmethane (Sulfonal.) __ 11/ 19/66 regarded as far too dangerous to Stimulants: sor, were to leave the field, all LSD handle, except under the most care- do, dlMethamphetamine (d·, research would have to stop and the fully controlled conditions. dlDesoxyephedrine) and .. drug would have to be recalled from th eir salts ______5/18/66 sponsored investigators. The FDA Phenmetrazine and its salts .. (Preludin) ______discussed the pr(}blem with the Na- Conclusion 9/21/66 Hallucinogens (available only to tional Institute of Mental Health of This article began with the state- qualified clinical investiga- the Public Health Service and the Vet- ment that over 9 billion tablets and tors) : ~ erans Administration and agreed to capsules of dangerous drugs are man- DMT (Dimethyltryptamine)_ 5/ 18/ 66 allow a small group of a dozen inves- LSD ; LSD25 (d·Lysergic ufactured and traded in the United ac id diethylamide) ______tigators to continue their studies. 5/18/66 States each year and that a substan- Mescaline and its 5alts ___ __ 5/ 18/ 66 After termination of the Sandoz in- tial percentage ends up in the hands Peyote (provisions of the law t. vestigational sponsorship of LSD, the of drug abusers. This is a problem do not apply to nondrug firm transferred its remaining stock of great and sobering impact. Proper use in bona fid e reli gious ceremonies of the Native to the National Institute of Mental research and education, coupled with Am erica n Church) ______5/18/ 66 Health (NIMH). Therefore, the only scientific law enforcement at the Fed· Psilocybin (psilocibin) __ __ _ 5/18/ 66 legal supply of LSD in the United eral, State, and local levels, should Psilocyn (psilocin) ______5/18/ 66
10 FBI Law Enforcement Bul POLICE COMMAND TRAINING SCHOOL
A 3day training school for com- mand officers of the Illinois State Highway Police (lSHP) was recently held in Springfield at the ISHP Acad- emy_ The school, sponsored by Mr. William H. Morris, superintendent of the ISHP and president of the Inter- national Association of Chiefs of • Police, featured FBI lecturers from the Training Division at FBI Head- quarters in Washington, D.C. Some 30 toplevel officials of the State police attended the specialized session which provided courses in po- lice management; human relations; recruitment, selection, and evaluation of personnel; and due process in crim- inal interrogation. This school is typical of the great number of com- Success of the recent police command training school at the Illinois State Highway Police Academy in Springfield brought smiles to the faces of the officials who arranged and participated mandlevel police schools in which the in the special session. They are, left to right: Hon. Ross V. Randolph, Director, Illinois Depart- FBI is cooperating with local and ment of Public Safely; Mr. William M. Mooney, Special Agent, FBI Headqu'arters, Washington, D.C.; Mr. Robert E. Gebhardt, Special Agent in Charge of the Springfield FBI Office; Mr. William State agencies by providing special H. Morris, Superintendent, Illinois State Highway Police; and Mr. Christopher J. Moran, Inspector, ••tructors. FBI Headquarters, Washington, D.C.
Mr. Thomas Reddin, Chief of Police, Los Angeles, Calif., is greeted by Director J. Edgar Hoover THREE SQUARE MEALS during a recent visit to FBI Headquarters. Frozen TV meaIs may be the an- swer for small police agencies which frequently have no prisoners to feed but, when they do, are hard pressed to handle the matter without consider- able expense. The police department in a small resort town on the Pacific coast, having a limited number of prisoners, was obliged by health reg- ulations to have a chef prepare the food for the prisoners if it was cooked on the premises. The regulation meant that a chef had to be on fulltime standby and called in when prisoners were con- fined. As a result, the TV meals were introduced with marked success, many problems were solved, and a substan- tial saving in cost was realized.
11 CHET CASSELMAN * Director, News and Public Affairs, Radio Station KSFO San Francisco, Calif. Responsibility in RadioTV News Coverage
Many American cities bear the story, particularly one involving ugly scars of civil disorders inflicted racial strife, is different from any during the past few years, and the other kind of story because broadcast possibility exists that additional coverage of it may materially affect ~~The potential strife may follow in the uncertain its development, intensity, duration, and even its outcome. Thus, this days ahead. for inciting public kind of story demands exceptional If that possibility becomes a real- and special treatment. As a matter disorders demands ity, my natural concern as a broad- of policy, during civil disorders our that competition be cast news director is that more seri- staff at KSFO follows the specific ous thought should be given to the secondary to the guidelines set out in this article. immediate effect of broadcast cover- The KSFO policy of objective and cause of public age of civil disorders on those very rational approach to violence and safety." acts of lawlessness. A civil disorder fear is an outgrowth of observation
Mr. Casselman is president of the Radio·Television News Directors Association, Northern California Chapter. He has participated with other top editors and broadcasters in State Department briefings with the President. A native of Fresno, Calif., he began his radio career in 1947. Since 1960 his crisp, authoritative cov· 1•• erage 0/ tense crises has made a significant impact on the Bay area.
12 FBI Law Enforcement Bullee ~ and participation in the broadcast spectacular film or tape and live re- can observe and only as a part of the coverage of the tra,gic Watts riots and ports on the air for the greatest pos- overall picture. (7) Tapes containing sounds of fighting, owup meetings with San Fran- sible impact. When this irrational shooting, screaming, raging violence, or policy is contrasted with the far more w Cco Police Chief Thomas J. Cahill interviews with lawbreakers are not to and Special Agent in Charge Curtis dull but much more civicminded, be used while the disorder is in O. Lynum of the San Francisco FBI sane, and human approach of playing progress. field office. The conclusion emerging the story "cool" by taking consider- from these combined factors rests able pains to provide intelligent, au- A sampling of the guidelines con- upon the conviction that during the thoritative information on the over- tained in the recommendations of Dr. distress, violence, and terror the pri- all picture, we can easily see our re- Kenneth Harwood, the chairman of mary goal of all responsible citizens, sponsibilities and duties. the Department of Telecommunica- law enforcement officers, reporters of tions at the University of Southern all media, and the man on the street Dual Role California, includes: is the reestablishment of law and or- "Public reports should not state exact lo- der. Broadcast newsmen, we believe, Any responsible broadcast news cation until authorities have sufficient per- are in the particularly sensitive posi- operation is aimed at furnishing lis- sonnel on hand to maintain control. Imme- diate or direct reporting should minimize tion of being able to help swing the teners and viewers accurate and veri- fied information. But previous ac- interpretation, eliminate airing of rumors, balance one way or the other. De- and avoid using unverified statements_ pending on their performance, these tions demonstrated by a number of Avoid the reporting of trivial incidents. Be- newsmen can play a vital role in radio and television stations involved cause inexpert use of cameras, bright lights, maintaining respect for law and or- in the rapidly mounting hysteria ac- or microphones may stir exhibitionism in some people, great care should be exercised. .. der or they can indirectly lead to companying largescale outbreaks of lawlessness indicate a tendency on Avoid reporting interviews with obvious in- even greater disorder and confusion. citers." As responsible newsmen, we must the part of too many broadcasters to ., always remember that the potential air inaccurate, unverified, and un- Committee for Guidelines for inciting public disorders demands qualified reports. Too often an anx- tlwt competition be secondary to the ious newsman out to get the "big A committee comprised of members story" will give a big play to isolated II e se of public safety. in the Northern California Chapter of and sporadic outbursts of violence the RadioTelevision News Directors Competition v. Competence and destruction, thus distorting the Association recently composed a intensity of the disturbance. Our set of guideline proposals based on Competition to see which broadcast aim is to furnish our listeners im- these concepts of responsibility_ outlet can produce the most chilling portant and vital information while, Their proposals may be a big step in and nerveshattering coverage must be at the same time, avoiding any possi- getting the agreement from all radio replaced by competition to determine bility of aiding and abetting law- and television news operations in this who can present the most authorita- breakers or inflaming or inciting fur- area that in any future civil disorder tive, reassuring, and calm report of all ther dangerous activity. Some of our competition will be eliminated in the important information to the public. representative guidelines include: interest of public safety. Most broad- Emphasizing that lawmen are doing (1) Dispatch newsmen initially ,0 author- cast news directors agree that in this everything that can be done to meet ity command post, not to the scene_ one sensitive area some sort of code is (2) Report only authoritative information the problem and that unauthorized essential. and emphasize steps being taken to persons are both urged and warned restore order. Our ultimate goal is to produce a to stay clear of the area involved will (3) Use the term "riot" only after author- set of sensible guidelines that will en- serve to ease the heavy air of excite- ities do. courage responsible and factual re- ment, confusion, and tension in the (4) Avoid assuming a shooting or fire near porting in times of great civil strife. explosive atmosphere of hate and pre- an area of unrest is related to the dis- Within this realm all radio and tele- order until confirmation. judice. In this way radio newsmen (5) Broadcasts should be calm, clear, un- vision stations everywhere in this are fulfilling their obligation to the dramatic, and totally devoid of show, country can enjoy an even greater public interest. color, or excitement. fulfillment of their obligation to serve The danger in the irresponsible (6) A report from the scene of a public the public interest and safety while disturbance or potentially explosive dis- providing maximum assistance to duly competition is in its fostering a mount- order must underscore the fact the ing rush to get the most dramatic and newsman is reporting only what he constituted law and authority. ... ee1967 13 The leisure sport of boating is gaining rapid and widespread popularity. Every day, more and more Americans are taking to the water in all sorts of crafts ranging from canoes and rowboats to power cruisers and sailing yachts. In their haste to enjoy the thrill of skimming over our Nation's abundant and beautiful lakes, streams, and waterways, many boating enthusiasts also skim over the rules of water safety. With this in mind, the U.S. Coast Guard is pleased to cooperate with the FBI Law Enforcement Bulletin in publishing this article, "Recreational Boating Laws and Safety Regulations" and Saf based on the Coast Guard's booklet, "Recreational Boating Guide." To the everincreasing number of boating enthusi• asts, we extend our wishes for many safe and happy hours of boating enjoyment. Adm. Willard J. Smith Commandan" U.S. Coas' Guard
Boating is one of the fastest grow· other water enthusiasts depend on his ing recreations in America. In the knowledge, judgment, and ability as a past few years, more people have skipper. turned to boating as a hobby than any other outdoor activity. It is esti· Boat Numbering mated that over 40 million Americans will take to the Nation's waterways Contrary to the need of the owner this summer in some 8 million boats. of a car to get a license to operate, a Almost every community with a body boatman needs only to apply for a of water large enough to float a craft number for his boat. Under Federal has been hit by the "bug." laws and regulations, he is not re• While boating has proved to be a quired to possess a license unless he successful and enjoyable pastime for is planning to carry passengers for many enthusiasts, it has also created hire. some headaches for law enforcement The numbering requirement ap• as well as other agencies concerned plies to all boats propelled by machin• with boating safety and regulations. ery of more than 10 horsepower, There is more to boating than just regardless of length and whether it is buying a craft, launching it, loading fitted with inboard or outboard mo• it with happy "sailors," and sailing tor. Place of application depends off into the whitecaps. A boat owner upon the waters of principal use and should know as much as possible whether or not the waters are within a about his boat and how he is expected State that has a Federally approved to operate it. His safety, the safety numbering system. If so, applica• of his passengers and the safety of tion is made in accordance with the
14 FBI Law Enforcement Bulle ...... ~ The United States Coast Guard is responsible for the enforce• ment of the Federal Boating Act of 1958, Public Law 85-911, and other Federal statutes governing the operation of vessels on the navigable tvaters of the United States. In the interest of public safety, the Coast Guard has prepared a booklet, "Recrea• tional Boating Guide," to acquaint recreational boatmen with the requirements of the various Federal boating laws and to provide them with some basic guidelines for safe and enjoy• able operation. The highlights of this IJOoklet have been used as the basis for this article. It is believed the information will egulations also be of interest and assistance to law enforcement agencies which are faced with local responsibilities relating to this wide• spread, and still growing, sport.
State's instructions; if not, the appli• cation is made to the Coast Guard on forms available from the local post office.
Assigned Number
Upon application and payment of $3 to the U.S. Coast Guard, a tempo• rary certificate of number valid for 60 days will be authenticated by the Coast Guard and returned to the appli• cant. This certificate permits opera• tion of the boat without bow numbers until the permanent certificate bearing an assigned number is received at the expiration of the 60 days. The num• ber on the permanent certificate must be displayed, according to specifica• tions, on both bows of the vessel. Failure to do so, or failure to have on board the necessary certificate, sub• jects the owner or operator to a $50 penalty for each violation. The State or the C-oast Guard• whichever has issued the certificate of number-must be notified· in the event of a change of State of principal use, change of address, or change of own• ership. If the baat is lost, destroyed, or abandoned, the certificate of num• ber must be surrendered to the Coast Guard or instructions of the State fol• lowed. Notifications must be made ..., -.,ne 1967 15 within a specified time. 1£ the certifi• more safely. Equipment approved by display lights at night. These lights cate has been destroyed, notification the Coast Guard is assigned an ap• warn others of the presence and of this must also be made. proval number which is shown on the type-sailor power-of the boat. • Under the Motorboat Act of 1940, equipment and listed in Coast Guard many cases they indicate what t as amended, the required equipment, booklet, CG-l90, Equipment Lists. boatman is doing and enable other such as navigation lights, sound pro• vessels to properly apply the Rules of ducing devices, and lifesaving and Lifesaving Devices the Road. firefighting gear, depends upon a A motorboat on the navigable wa• boat's class; therefore, to determine Lifesaving devices include life pre• ters of the United States may carry your equipment requirements, you servers, buoyant cushions and vests, the lights prescribed by the Act of must first know your boat's class. special purpose water safety buoyant April 25, 1940 (Motorboat Act), or it may carry the lights prescribed by the International Rules. In addition, there are requirements for stern, anchor, and other special lights con• tained in the applicable Inland, West• ., CP 2.&&0 " ern Rivers, and Great Lakes Rules. A motorboat on the high seas must carry the lights prescribed by the In• ternational Rules, and only these lights. Failure to display the required lights may make the vessel liable for Number assigned by the Coast Guard must be displayed on both bows. a penalty of $100 (46 USC 5260 ). Long-standing Federal regulations Motorboat means any vessel 65 feet devices, and ring life buoys. The require efficient ventilation of motor• in length or less which is propeIIed booklet gives detailed information on boats using volatile fuels (gasoline). by machinery, except tugboats and the construction, use, and care of these How can a boatman determine if his towboats propelled by steam. It also devices. Fire extinguishers must be boat will entrap fumes? There a' includes a boat temporarily or perma• an approved type. They are as- certain structural specification • nently equipped with a detachable motor or one propeIIed by steam. The boats are divided into classes accord• ing to their length. The length is measured from end to end over the deck excluding sheer. Sheer is the longitudinal upward curvature of a deck at side between stem and stern. The length taken end to end over the deck is a measurement taken parallel to the waterline from the foremost part of the bow to the aftermost part of the stern.
A table listing the types of equip• Approved life preservers must bear the manufacturer's stamp Hefti and the inspector's stamp ment necessary for the various classes (center). of boats is provided. This equipment signed approval numbers and identi• which, if met by his boat, indicate the includes lifesaving devices, fire extin• fied in the Coast Guard's publication craft is sufficiently open to allow the guishers, ventilation devices, belJs, Equipment Lists by manufacturer, fumes to dissipate naturally. These . .. whistles, and carburetor backfire model number, and size. Approved specifications are available from the ... flame arresters. The equipment listed types of backfire flame arresters are Coast Guard and can be found in i is the minimum required to conform identified also by make and model general boating material available I ~ with the law, but additional equip• number. from the Government and commercial I ment may be necessary to operate All boats are required by law to sources. ~~
16 FBI Law Enforcement Bullete ... 41 1£ a boat does entrap fumes, it is prisonment at the discretion of the required to have at least two ventila· court. ducts fitted with cowls at their However, under the Federal Boat- enings to the atmosphere. All ing Act of 1958, the reckless or negli· boats with built· in fuel tanks should gent operator may, as an alternative I· have their fuel systems grounded. to the above criminal punishment, reo ' ceive an administrative penalty of up r Other Equipment to $100. r Speeding or water skiing in the 'I Keeping in mind that Government close proximity of swimmers and requirements are a legal minimum, other boats, especially small boats, can •• the boatman will find he should have be dangerous and may amount to additional equipment. How much reckless or negligent operation. Re· and what kind depend upon the type member, each boatman is responsible of boat, the area, and the extent of for the wake his boat creates. +_ operation. A table is set forth rec- [ ommending additional equipment by Adm. Willard J. Smith, Commandant, U.S. In Case of Accident class of vessel and area of operation. Coast Guard. The term "boating accident" means Desired charts can be, in most torboat or any vessel in a reckless or collision, accident, or other casualty areas, obtained locally either from the negligent manner so as to endanger including but not limited to injury, applicable Federal agency or from the life, limb, or property of any per· 7 authorized commercial agents. The son. Such conduct is punishable by loss of life, capsizing, foundering, .. local telephone directory or marine a fine not exceeding $2,000 or by im- flooding, fire, explosion, and disap- dealer should be consulted for this prisonment for a term not exceeding pearance of a vessel other than by information. 1 year or by both such fine and im· theft. Written accident reports must
., , sponsibilities INLAND PILOT RULES .... Boats are subject to traffic laws just as automobiles are; and like the auto- Meeting Head and Head or Near.y so mobile traffic laws, those governing boating traffic vary according to locality. In many areas, local law en- forcement agencies are charged with 1 short blast (1 sec.) • 1 short blost r. enforcing local boating laws and regu- ••••••••• safely and accurately follow the LIGHTED IEll IUOY 2 course he has set for himself. Used Red in color, with even number, whit. or red light, regular fta.hi"g in conjunction with appropriate MID CHANNEl IUOY (30 ftashe, per minute) or quick No number, block and whit. verti• ftoshing (60 "ash.. per minute) charts, they give the boatman most cal stripes (Should b. paned clos. [leave to starboard when pro• to, on either side] light: whit. with ceeding toward head of novigQ. accurate information. These ob- short-long ftoshe, tion (upstream)] served aids are buoys, lighthouses, day beacons, lightships, and minor light structures. The law forbids any person to in- numbered, unless they are equipped require these boats to be numbered terfere with, remove, move, make fast with machinery of more than 10 under State laws. to, or willfully damage any aid to horsepower. navigation maintained or authorized However, these vessels may, on ap- Rules ancI Regulations by the Coast Guard. Violation of this plication, be issued a certificate of number. Where the possibility exists Ve sels of the sailing, paddled, or law subjects that person to a fine up ~ to $500. that the owner may obtain a motor oared cla ses each have their set of of more than 10 horsepower or may rules for operation which must be ob- I Sail, Paddles, and Oars loan his boat to a friend with such a served. If owners of these vessels be- motor, it would be to the owner's ad- come involved in boating accidents, Under the Federal Boating Act of vantage to have his boat numbered. they, too, are subject to the arne con- 1958, sailboats and boats propelled by On the other hand, the State where ditions as boats propelled by motors oars or paddles are not required to be the boat is to be principally used may and must give assistance and submit 18 FBI Law Enforcement BUllee .,.. • reports in appropriate cases. Reck- less or negligent operation also sub· 6 s the boatman of these categories " the criminal provisions of the Mo· torboat Act; that is, a fine of $2,000 or imprisonment up to 1 year or both. Emergency Procedures FASTER SLOWER The prudent boatman would be .. wise to take a tip from professional seagoing men who know the value of I being prepared for emergencies. A man going boating in a large or small craft should think out procedures that he would follow in certain of the more common emergencies. In this way SPEED 0 K r.r'; his actions will be automatic, fast, and correct. Some situations that should be thought out beforehand include a man overboard, a fire while at sea, and abandoning ship. From time to time, it is a wise thing for the operator to consider what he would do if one LEFT TURN of these emergencies occurred at that ~ ticular moment. Also, it is well " . cquaint at least one other person wIth operation of the boat and engines and the man·overboard procedure, as the person who falls overboard might be you. The wise boatman is always aware CUT MOTOR of the weather. A few minutes spent in checking the weather and sea con· ditions, as well as the forecast for his area, is common sense. In addition, the good boatman will always keep an eye on the weather when he is op- erating. At the first sign of threaten- ing weather, he will seek shelter. Water Skiing SKIER 0 K. AFTER FAll The increasing popularity of water skier and the waters ahead. Some proper lifesaving device. If he tumbles, skiing has created its own set of State laws require this mirror or a sec· the boat should approach him from safety problems. A few safety hints ond person in the boat to assist the op· the lee side. 4. Stop your motor before taking the skier for those interested in this sport erator. 2. Don't tow the skier in heavily traveled on board. should prove helpful: or restricted waters, such as swimming 5. In taking the skier on board, be careful 1. Install a wide·angle, rear·view mirror or areas, narrow, winding channels, and not to swamp your boat. In smaller ,. take along a second person to act as areas containing docks, floats, and buoys. craft, it is normally safer to take a per· lookout. This will permit watching the 3. Make sure that the skier is wearing a son aboard at the stern. e e1967 19 Search and Rescue (SAR) is one assist persons in distress applies to 1. When requesting assistance by radio, of the many services the Coast Guard the boatman as well as the profes- provide all information as to identity, location, nature of distress, and typeA provides the mariner in its overall ob- sional seaman. vessel. ,., jective of promoting safety afloat_ It In general, the SAR responsibilities 2. Let somebody know your plans for the is much better to prevent accidents of the Coast Guard are limited to the day including destination, intended stops before they happen. When they do high seas and navigable waters of the en route, and estimated time of return. At the first opportunity, notify those and help is needed, Coast Guard United States, although facilities may concerned of any change in plans. Rescue Coordination Centers are pre- be dispatched wherever available. 3. Don't use MAYDAY in voice radio pared to coordinate assistance efforts Services provided will depend on the distress communications unless im- in the mariner's behalf. circumstances of the individual case, mediate assistance is required. You may be depriving a fellow boatman of It should be kept in mind that but primary consideration will be help he really needs. Coast Guard assistance is not always given to the saving of life. Copies of the official U.S. Coast the most readily available; frequently To assist the Coast Guard in carry- Guard Recreational Boating Guide other pleasure or commercial craft ing out its SAR responsibilities, and may be obtained from the Superin- are in position to render more timely thereby assure the most effective use tendent of Documents at the U.S. assistance. The seagoing tradition of of available facilities, you should fol- Government Printing Office, Wash- .. proceeding with all possible haste to low these suggestions: ington, D.C., 20402, for 45 cents. DO YOU RECOGNIZE THIS MURDER WEAPON? ASSIGNMENT BY AUTOMATION The Fort Lauderdale, Fla., Police short, 5shot snubnose revolver, has Department is seeking information identifying number "lC" and the let- A program to assign patrol cars by concerning a revolver positively iden- ters "OM" stampe!I on the frame, computer went into effect recently ~ tified as the murder weapon in the a folding trigger, no trigger guard, a the Ninth District of the St. L01. ;. death of a prominent Fort Lauderdale spurless hammer, and the initials PHC Mo., Police Department. Computers businessman. The body of the man or DHC scratched on the inside of the assimilate information on the time, was found floating in a canal at ap- right grip, as if identified as evidence. type, and location of calls for police proximately 10 p.m. on January 7, Anyone having any information assistance and predict which areas 1967. He had been shot in the head concerning this weapon, please notify should be watched closely in any given once with a .22caliber gun which was collectwire or telephone JA 52772, period. Assignment charts are re- also found in the canal in the general extension 311Sgt. Larry J. Calhoun, vised every 9 days on the basis of in , vicinity of the victim's home. The Police Department, 1300 West Brow- formation obtained from the com- victim had been robbed of his wallet ard Blvd., Fort Lauderdale, Fla., with puters. and other personal effects. reference to Offense Report #C- The plan was first tested in the fifth The murder weapon, a .22caliber 73716. district a few months ago. Pertinent information was then processed manually. On the basis of results in ~ .. this district, application for Federal funds was approved. Financed with a grant of $170,000 from the Depart ~ ment of Justice under the Law En- forcement Assistance Act of 1965, the program will continue for 18 months after which results will be analyzed. The program is expected to provide greater protection for highcrime areas and more efficient distribution · 1 Murder weapon and its component parts. of policemen and patrol cars. ,.J 20 FBI Law Enforcement Bullee .. , Search of Motor Vehicles ., .' ...... - IV. Examination of an Impounded ity but the duty to impound the auto· Vehicle mobile in order to insure its adequate safekeeping during the period of the This is the lourth 01 a series It is a common practice among arrestee's confinement. State v. 01 articles discussing the Fed· police departments for the arresting Giles, 254 N.C. 499, 119 S.E. 2d 394 eral law on search 01 motor officer to take possession of a vehic.le (1961). See also, Cotton v. U.S., 35 vehicles. whenever the driver or person in con· Law Week 2443 (C.A. 9, January 23, trol is taken into custody and to reo 1967) . Where the owner later claims move it to the nearest garage or police loss or damage to his property, the lot. In some jurisdictions it appears failure on the part of the officer to ~e that the officer not only has the author· exercise this responsibility may result 1967 21 LJune in civil liability. But the right to review, the appellate court held that Cal. 2d -, f.n. 3, p. 25, (Crim. 10374, impound does not automatically fol• the search was invalid and ruled that Sup. Ct. of California, decided Ma ~ low as an incident of the arrest. the testimony of the purchaser of the 8, 1967) ; Trotter v. Stephens, 24. Absent other circumstances justifying transmission, who only learned of its Supp. 33 (1965); lohnson v. State, .. the seizure of the automobile, there theft when so informed by the police, 238 Md. 528, 209 A. 3d 765 (1965). .. is some question about the legality of was to be excluded since it was "come Under these procedures the automo• impoundment where the arrestee de· at by exploitation of illegality." See bile is seized in its entirety, and once .. sires to leave the automobile in the also, Westover v. U.S., 342 F. 2d 68 custody is so acquired, no further charge of another party who can re• (1965), wherein appellant's automo• trespass is involved by its later ex• move it from the scene. On the other bile was impounded and towed into amination. Here, however, the police ,. hand, removal of an unoccupied, police storage lot after his arrest on authority to impound is much more , parked vehicle is clearly justified a bank robbery charge. On the fol• limited: it does not carry with it the where it constitutes a traffic hazard or lowing day a Federal agent and a right to assume complete control and ". otherwise violates local parking or• local officer searched the automobile dominion over the property and dinances. without a warrant and found a topcoat everything contained therein but, Assuming, therefore, that the ve• in the trunk, which subsequently was rather, is restricted solely to those ~ hicle has been lawfully impounded, introduced in evidence. The appellate measures which are reasonably neces- • the question then arises as to whether court held the search to be illegal but sary to insure the safe custody of the or not a valid search for incriminating sustained the conviction on the ground owner's or possessor's property. I., materials can be made without a war• that the objection was not timely. As was noted earlier, the primary U.S. v. Cain, 332 F. 2d 999 (1964) ; rant. Since the possibility of re• purpose of impoundment is to pro• ,... moval or of the destruction of evidence Shurman v. U.S. 219 F. 2d 282 tect the arrestee's property from loss terminates when the vehicle is placed (1955) ; Rent v. U.S. 209 F. 2d 893 or damage during the period of his r in storage, a search cannot be made (1954) . confinement. In this connection it under the rationale of the Carroll Some State courts, however, have is not only reasonable but appropri• case. Nor would an incidental taken the position that once the vehi• ate that the officer examine the vehicle search be valid, for as the Supreme cle is lawfully in the custody of a and take an inventory of the propel Court indicated, "Once an accused is police officer, any contraband con• which is contained therein so tha under arrest and in custody, then a tained therein also is legally in his may be returned to the possessor or search made at another place, without possession and its discovery is not a owner in its due course. Indeed, a warrant, is simply not incident to result of an illegal search. People some courts look upon the practice as the arrest." Preston v. U.S., 376 v. Ortiz, 147 Cal. App. 2d 248, 305 P. "necessary to defeat dishonest claims <• U.S. 364 (1964). Thus the Federal 2d 145 (1956) ; People v. Baker, 135 by the owner of theft of the car's rule on this matter is clear, namely, Cal. App. 2d 1,286 P. 2d 510 (1955). contents and to protect the tempo• that even where probable cause exists, But the validity of this argument is rary storage bailee against false a warrantless search of an automobile doubtful and has been viewed with charges." People v. Ortiz, supra; see in police custody at a time after the some reservation even by court with· also, People v. Simpson, 170 C.A. 2d occupant's arrest and under circum• in the same jurisdiction. People v. 524,339 P. 2d 156 (1959). Since , stances where there is no danger of Gamson, 189 C.A. 2d 549, 11 Cal. entry is not effected for the purpose removal is illegal. For example, in Rptr. 398 (1962). This situation is of uncovering evidence of crime, the Smith v. U.S., 335 F. 2d 270 (1964), clearly distinguishable from the case examination of the vehicle is not con• reversed on rehearing, 344 F. 2d 545 where a vehicle used to transport con• sidered a search within the terms of (1965), the appellant was arrested by traband is seized under statutory au• the fourth amendment and the usual local police on a charge of unauthor• thority and is held as evidence until limitations of reasonableness devel• ized use of an automobile. His ve• a forfeiture is declared, Cooper v. oped in that context are inapplicable. hicle was impounded and removed to California, - U.. - ( 0.103, Octo· Harris v. U.S., 370 F. 2d 477, n. 1 at a nearby service station. On the fol• ber term, decided February 20,1967), 478 (1966). [A similar distinction lowing day a Federal agent, accom• or where the car is seized as the fruit has been made by the Supreme Court panied by a county police officer, or instrumentality of a crime. in upholding a warrantless entry into examined the car without a warrant Abrams v. State, - Ga. - (No. private premises by health inspectors. and discovered a stolen transmission 23923, Sup. Ct. of Georgia, decided Frank v. Maryland, 359 U.S. 360 in the trunk of the automobile. On March 9,1967); People v. Webb, - (1959 ) ; Ohio ex rel. Eaton v. Price, 22 FBI Law Enforcement Bullee ... .. ~ r 360 U.S. 246 (1959).J Thus the l .ifpoundment inventory is viewed . ply as an administrative custodial " procedure not unlike the usual search NATIONWIDE I• -1 of the person which accompanies the I booking of an arrestee prior to his CRIMESCOPE I" confinement. It is important to understand, however, that the proce- dure cannot be used to seek out or ENFORCEMENT IN 25 "" "rummage around" for incriminating SEX OFFENDERS REQUIRED materials and thereby ciroumvent the TO REGISTER LANGUAGES warrant requirement. See, People v. The Montgomery, Ala., city council The Metropolitan Police Depart- Burke, 61 C. 2d 575, 39 Cal. Rptr. on January 3, 1967, approved a new ment. Washington, D.C., has 118 offi- 531, 394 P. 2d 67 (1964). One can law requiring the registration of all cers qualified to speak one or more of safely predict that the courts will care- persons convicted of any sex offense. 25 languages, including the sign lan- , fully scrutinize any inventory con- The law calls for the fingerprinting guage of the deafmute. Among 'IIi ducted subsequent to an impound- and photographing of all registrants. members of the force there are 28 who ment to insure that it is consistent In addition, registrants must furnish speak Italian, 16 speak Polish, 13 with its avowed purpose. See, e.g., all past addresses, date and place of French, another 13 can communicate Harris v. U.S., supra, where the trial birth, and all past offenses. They in Spanish, one speaks Albanian, one court reviewed the transcript of testi- ~ Bulgarian, and one Iranian. mony and recalled the officer to deter- must also keep police authorities in- Language instruction for police mine whether the entry into the ve- formed of all changes of employment was begun in May 1965, following a hicle had in fact been a search for and address as well as any subsequent survey made by Police Chief John B. ... evidence of crime. convictions. Those who fail to com- Layton to determine how many of Accordingly, the scope of the ex- ply can be fined up to $100 and/ or his men spoke a foreign language or ., M ination must be restricted solely to sentenced to 6 months in jail. would like to learn one. • se areas where a person would The first class of the 32hour course • ordinarily be expected to store, or was attended by 31 officers studying perhaps inadvertently leave, his be- French, Spanish, or Russian. The longings. The examination, there- next class, to which German and Japa- fore, would usually include the glove "BREAKAWAY" nese were added, was also attended by compartment, the trunk, the sun vi- 31 officers. The training in foreign sors, the front and rear seat areas, BRUTALITY FAKERY languages is continuing. and even a view under the hood since In an effort to embarrass police and The purpose of this training is to " there may be later claims that parts make erroneous claims of police bru- enable the officers to carryon a sim- have been removed from the engine. tality, several young women recently ple conversation in a foreign language Moreover, a notation should be made planned to wear "breakaway" dresses with the man on the street or at the of the vehicle identification number, at a protest demonstration. scene of a crime or accident who the motor number, and the make, First, they planned to create a dis- speaks no English. ~ model, and license plate of the car so turbance during the demonstration. that it may be readily identified at a If a policeman attempted to restrain or later date. Cotton v. U.S., 35 Law calm them, the "breakaway" dre3ses Week 2443 (C.A. 9, January 23, STOLEN TRAP 1967) . would easily tear off. Then they Similarly, the intensity of the ex- would scream, "Police brutality!" Burglars made the most of their amination must also be limited ac- Their intentions were foiled, how- foray into one home recently. Not cording to its purpose. 'fhus, if the ever, as the public figure who was the only did they steal almost $3,000 officer dismantles the vehicle, looks target of their protest action unavoid- worth of furs and household goods, behind the upholstery, or in any other ably had to cancel his plans. Conse- but they also walked off with a hidden manner indicates that his purpose is quently, the group's scheme to falsely camera installed for the express pur- pose of trapping burglars. ,. _ (Continued on next page) accuse the police did not materialize. ~ n e 1967 (Continued from page 23) statement that he had borrowed the ately made a quick but fruitless search other than to protect the arrestee's vehicle from a used car dealer was not of the automobile for weapons. !Ii.. property, the courts will consider the consistent with information disclosed then ordered a police towing cran. examination to be a subterfuge de• on the registration sticker. On the impound the car as possible evidence .. signed to uncover evidentiary mate• basis of this information, the officers itself of the commission of the crime. rials. In that event the fruits of the arrested the two men on a charge of Approximately an hour and a half search will be inadmissible. In addi• auto theft. "Thereafter, as a normal later, the crane operator advised the tion, the normalcy of the practice will procedure before impounding the arresting officer of the car's location also be pertinent in determining the vehicle, the officers began an inventory on the impounding lot and stated that, good faith of the officer. If it is not of all personal property found there• although it was raining, he had not the usual procedure of the department in." /d. at 455. One of the officers closed the windows because he was to store and examine vehicles found picked up a jacket on the front seat afraid of disturbing fingerprints. to be in the possession of the arrested where defendant had been sitting and According to later testimony, the offi• person, any deviation from this rou• noticed in plain sight a burned ciga• cer went out to the lot for the purpose tine will be viewed with skepticism. rette. Inasmuch as it appeared to be of placing a property tag on the vehi• Moreover, where the officers delay marihuana, the officer then searched cle, inventorying its contents, and re• making their examination for several the jacket and found another such moving any valuables for safekeeping, days after the arrest and impound• cigarette in the left-hand pocket. The as required by departmental regula• ment of the automobile, naturally defendant then admitted that he had tion. Having completed the inven• some doubt is cast on the validity of purchased the cigarettes approxi• tory, he opened the right front door of the examination. mately 1 week earlier. the car in order to roll up the window But while it cannot be the officer's On appeal of the conviction for hav• to protect the vehicle from the rain. purpose to look for evidence of crime, ing illegal possession of marihuana, He observed, lying in the well of the yet if he unexpectedly discovers con• the court held that the possession of weather-stripping, an automobile reg• traband or other incriminating mate• the narcotic was legally obtained by istration card that had been taken rials during the course of a bona fide the officer, stating: from the robbery victim. The card was inventory, these items may properly In the course of making the inventory of admitted in evidence over the defe_ be seized and are admissible in evi• the contents of the car, the officer merely ant's ubjection that it was unlawfu • .• dence. Since he is lawfully present removed the jacket from the front seat re• seized. The Court said the card was • vealing in plain sight the narcotic. How in the vehicle and there has been no admissible because the officer, at the it got there could not be determined but it search in the legal sense, the situa• is clear that when the officer picked up the time the card was discovered, was act• tion falls within the "plain view" doc• jacket the cigarette was there for all to see. ing only to secure the automobile and trine which permits the nontrespass• Actually the officer's ohservation of the its contents. "There was, in his view, ing officer to seize contraband dis• cigarette was not the result of a search, for no search at all in relation to this par• it appeared in plain sight in the normal covered in open and patent view. ticular evidence, and therefore, no course of the reasonable and valid activity People v. Nebbitt, infra. It is con• of the officer in making the inventory fourth amendment issue inescapably sidered in this situation that a crime incidental to impounding the car. requiring resolution." [d. at 479. is being committed in his presence and Thus, in Nebbitt not only was the It is important to note, however, the law does not require "that under taking of the contraband proper, but, that the immediate seizure of contra• such circumstances the law enforce• in addition, its discovery furnished the band, fruits, or instrumentalities of ment officials must impotently stand officer with sufficient probable cause to crime without a warrant in these cir• aside and refrain from seizing such arrest for that offense and to conduct cumstances is not permitted in all ju• contraband material." Harris v. a valid incidental search both of the risdictions. The Municipal Court of U.S., 331 U.S. 145, 154-155 (1947). coat and the vehicle. See also, People Appeals for the District of Columbia, In People v. Nebbitt, 183 C.A. 2d 452, v. Myles, 189 C.A. 2d 42,10 Cal. Rptr. for example, has indicated that in• 7 Cal. Reptr. 8 (1960), for example, 733 (1961). criminating materials which are dis• local officers stopped a vehicle which A more recent illustration of this covered during the course of an in• was being operated without license procedure can be found in Harris v. ventory cannot be obtained by the plates. Neither of the occupants U.S., 370 F. 2d 477 (1966) , where a officer until he has secured a search claimed to be the owner of the automo• police officer investigating a robbery warrant directed to the custodian of bile nor did they know to whom it be• arrested the defendant as he sat be• property in his department. Williams longed. Furthermore, the driver's hind the wheel of his car and immedi• v. U.S., 170 A. 2d 233 (1961); Tra• .. 24 FBI Law Enforcement BulletP ers v. U.S., 114 A. 2d 889 (1958). ics statutes (49 U.S.C.A. sec. 782), court of violating the Federal nar- is necessary that the officers list counterfeiting matters (49 U.S.C.A. cotics laws. t se items on the inventory sheet and sec. 782), the concealment of property Although the case was reversed and turn them over to the police property subject to Federal tax (26 U.S.C.A. remanded for a new trial on other \ clerk in the same manner as any other sec. 7301), firearms laws (49 U.S. grounds, the appellate court ruled that [ article found in the car. This in fact C.A. sec. 782), customs statutes (19 the trial court's refusal to suppress the was the procedure employed by the U.S.C.A. sec. 1584), or where used currency was proper. It was noted officer in the Harris case, supra. to introduce intoxicants into Indian that there was adequate cause to be- After taking the arrestee out to look country (18 U.S.C.A. sec. 3618). lieve that the vehicle had been used at the victim's registration card where It is generally said that the law vests in violation of the Contraband Seizure it lay, the officer placed it in an en- title in the Government from the time Act and, further, that from the time velope for delivery to the property of the vehicle's commission of the of its seizure until the search was clerk's office. He then filed an affi- crime. Florida Dealers and Grow• conducted, the vehicle had remained davit for a search warrant which, on ers Bank v. U.S., 279 F. 2d 673 in the lawful custody of the Govern- the following day, was executed (1960). Accordingly, the convey- ment. "In these circumstances, the against the property clerk and the ve- ance may be seized without a warrant search without a warrant of [Burge's] hicle. See Harris, supra, n. 2, at p. in order to bring it within the legal car could not be said to be 'unreason- 478. As indicated above, this proce- process of the court for a final ad- able'." Burge v. U.S., 333 F. 2d 210, dure is not consistent with the general judication. Once the automobile is 219 (1964), aff'd 342 F. 2d 408 law on the subject, nor does it appear in lawful custody of the Government, (1965) . See also, Cooper v. Cali• to serve any legitimate interest of the a warrantless search can be made for fornia, U.S. (No. 103, October defendant. Hence, its widespread incriminating materials, without re- term, decided February 20, 1967); adoption in other jurisdictions is gard to the usual limitations on the U.S. v. Francolino, 367 F. 2d 1013 unlikely. scope and intensity of the search or (1966); One 1961 Lincoln Conti• its relationship in time or place to the nental Sedan v. U.S., 390 F. 2d 467 V. Seizure of a Vehicle for initial arrest or seizure. (1966) . Forfeiture Purposes In one case, for example, the police In a more recent decision the de- furnished an informant $400 in fendant, Long, was arrested by Fed- Another effective and wellestab- marked currency, which was to be eral agents in a public restaurant and lished method of acquiring posses- used to purchase a quantity of heroin was charged with violating the coun- sion of a suspect's vehicle is through from the defendant, Burge. Shortly terfeiting laws. A search of Long's the use of legislative or statutory for- after their scheduled meet, the de- vehicle, which was located in the feiture provisions. Most jurisdictions fendant was arrested; however, a restaurant parking lot at the time of authorize the immediate seizure and search of his person and of his vehicle arrest, disclosed a large quantity of forfeiture of conveyances which have disclosed neither narcotics nor marked untrimmed counterfeit money in the been used in connection with spec- currency. Immediately upon his ar- trunk. Although there was a con- ified unlawful activities, such as nar- rest, the defendant's automobile was flict in the testimony as to when the cotics, gambling, and illicit liquor seized and he was notified that his search was conducted, the court ap- operations. In some jurisdictions the car was being impounded "because it parently accepted the Government's vehicle can be seized and sold for such had been used in the sale and posses- claim that it was not made until after ~ diverse offenses, as those pertaining sion of narcotics." Approximately the vehicle had been removed from > to local "shellfish" regulations, N.J. 1 week later the police received in- the lot to the Federal building. It S.A. 50:517, or the continued use of formation from an undisclosed source was held that there was adequate basis ... the vehicle by anyone driving under that the marked money was secreted for the agents to exercise their seizure a revoked or suspended license. Un- in Burge's automobile. A thorough authority under the statutes (49 der the Federal Code, forfeiture laws search was made of the vehicle, with- U.S.C.A. sees. 781783) and that the are applicable where the conveyance out either a warrant or Burge's per- subsequent search of the vehicle has been used in violation of gen- mission, and the officers found the "when it remained in continuous and eral Internal Revenue laws (26 U.S. currency hidden in the headlight sec- proper Government custody, was not C.A. sec. 7302), including violations tion of the car. The money was ad- an unreasonable one within the pro- of liquor provisions (18 U.S.C.A. sec. mitted in evidence against the defend- hibitions of the fourth amendment." 3615, 26 U.S.C.A. sec. 5614), narcot- ant, and he was convicted in district Drummond v. U.S., 350 F. 2d 983 :. ne 1967 25 (1965) . See also, Armada v. U.S., distillery used a truck and an auto• F. Supp. 529 (1964) (use of auto• 319 F. 2d 793, cert. denied, 376 U.S. mobile regularly to drive from his mobile for transportation of chec..ii.. 906 (1963); Sirimarco v. U.S., 315 home to a point approximately one• given in connection with driveW F. 2d 699 (1963) ; U.S. v. Haith, 297 half mile from the still, walking the bookmaking activities was sufficient to F. 2d 65, cert. denied, 369 U.S. 890 remainder of the distance. The trial justify forfeiture under the Internal (1961); Vaccaro v. U.S., 296 F. 2d court disallowed the forfeiture of the Revenue laws); U.S. v. One 1963 500, cert. denied, 369 U.S. 890 vehicles, stating that the Government Cadillac Hardtop, 231 F. Supp. 27 (1961) ; U.S. v. Carey, 272 F. 2d 492 had not shown that they had been (1964) (vehicle used to transport (1959); U.S. v. Interbartolo, 192 F. used for transporting materials for marihuana); U.S. v. Lawson, 266 F. , Supp. 587 (1961). use at the still. In a per curiam deci• 2d 607 (1959) (automobile used by It should be readily apparent from sion the Supreme Court affirmed, dealer to transport a prospective cus• the above cases that the availability holding, "We think it clear that a tomer to a source of whisky and to of an appropriate forfeiture statute vehicle used solely for commuting to keep the customer out of sight while can often provide the officer with an an illegal distillery is not used in the whisky was procured and to take effective alternative method of search. violating the revenue laws." /d. at the customer to town was properly In Burge, the search conducted at a 631. See also, Burt v. U.S. 283 F. forfeited); Wingo v. U.S., 266 F. 2d police lot 1 week after the arrest obvi• 2d 473 (1960), and Simpson v. U.S., 421 (1959) (automobile used for ously could not have been sustained 272 F. 2d 229 (1959) (vehicle used transfer of large quantities of cash re• as incident to the arrest, nor could it by operator of bookmaking establish• quired in illegal lottery business sub• have been made without a warrant ments to transport officer in bribe at• ject to forfeiture); U.S. v. General under the Carroll rule since the vehi• tempt not sufficiently involved in the Motors Acceptance Corporation, 239 f cle no longer retained its mobility. gambling enterprise to warrant for• F. 2d 102 (1956) (truck used to trans• Although the court in Drummond in• feiture) . port lottery tickets); D'Agostino v. dicated in a dictum statement that the On the other hand, where the vehi• U.S., 261 F. 2d 154 (1958) (car used search of the vehicle in the parking cle has played an integral role in vio• to transport betting markers and to • lot could have been made incidental lating the applicable statute, clearly make the rounds of bettors on a weekly to the arrest in the restaurant, there it is subject to forfeiture as an in rem basis) ; Nocita v. U.S., 258 F. 2d violator. To illustrate this point, 1. /. is some question about the validity of (1958) (car used to accept winni_ this proposition. But see, U.S. v. consider the case of U.S. v. One 1959 of previous wagers was an integral ~ Francolino, 367 F. 2d 1013 (1%6). Pontiac Tudor Sedan, 301 F. 2d 411 part of bookmaking business) ; U.S. V. In any event, the incidental search (1962). There, the vehicle had been One 1952 Lincoln Sedan, 213 F. 2d could not have been made once the used to transport a buyer of nontax• 786 (1954) (automobile used as a de• vehicle was removed to the Federal paid whisky to a pickup point, where coy for a truck transporting non tax• building. Thus, absent consent or an he was transferred to an older vehicle paid whisky and to block Federal of· appropriate forfeiture statute, the which in turn transported both the ficers in pursuit of the truck). Com· only recourse would have been to whisky and the customer to the cus• pare First National Bank 0/ Atlanta v. tomer's premises. The vehicle was secure a warrant. Arguably, there U.S., 249 F. 2d 97 (1957). then used by the dealer to go to the was ample evidence in both cases to Until recently the courts were di• • customer's home in order to collect support an affidavit. But where the vided on the question of whether the his money. The next day the dealer unlawfulness of the search which es• officer does not have sufficient infor· used the vehicle for another trip to tablished that the vehicle had been mation upon which to base a warrant, the premises of the same customer, used in violation 9f the law was a bar it may be helpful to invoke an appro• :. where he received another order which to forfeiture. However, that issue was priate statutory forfeiture provision. in turn was delivered to the customer resolved by the Supreme Court in One '" I One of the more difficult questions in the older vehicle. The dealer then 1958 Plymouth Sedan v. Common· with regard to the application of for· returned to the premises and collected wealth, 380 U.S. 693 (1965). In the feiture laws concerns the degree of for the second order. In these cir• latter case officers of the Pennsylvania involvement which is necessary to cumstances the appellate court re• Liquor Control Board stopped an au· • • bring the vehicle within the scope of versed the finding of the court below tomobile after it had crossed from the applicable statute. For example, and held that the vehicle was properly ew Jersey into Pennsylvania because in U.S. v. Lane Motor Co., 344 U.S. subject to forfeiture. See also, U.S. they noticed that it "was low in the l ' 630 (1953), the operator of an illegal v. One 1962 Ford Galaxie Sedan, 236 rear." They searched the vehicle L j 26 FBI Law Enforcement BUlle. .1 without a warrant and found 31 cases ~iquor that did not have Pennsyl . • ia tax seals. The car and the The April issue of the Law Enforcement Bulletin carried an liquor were seized and the driver was installment discussing the "instrumentalityseizure" theory as a arrested. The Commonwealth then possible method of examining a car without a warrant. Prior filed a petition for forfeiture pursuant to publication of this article, the Supreme Court of Georgia to an applicable Pennsylvania statute. handed down a decision supporting the seizure and subsequent The trial court dismissed the petition search of a car which had been used to transport a rape victim. on the grounds that the forfeiture was Abrams v. State, Ga. (No. 23923, decided March 9, 1967). based upon illegally seized evidence. Acting upon information furnished by the victim, sheriff's of- The Superior Court reversed and or· ficers discovered the vehicle in the vicinity of the defendant's dered that the vehicle be forfeited. home. Shortly after his arrest, the defendant's car was taken The State Supreme Court affirmed, into custody by the officers and parked near a local jail. Two holding that the exclusionary rule ap· days later, they photographed the interior of the vehicle, re- plies only to criminal proceedings and moved a bloodstained section of the seat cover, a handkerchief, is not applicable in this case since the and a tire from which a mold was made for comparison with > .., forfeiture action is essentially civil in tire tracks found at the scene of the crime. These items were nature. The U.S. Supreme Court reo , Ji admitted in evidence over the defendant's objection that the versed. Mr. Justice Goldberg, speak. I search of the impounded car without a warrant was unlawful. ing for the majority, pointed out that In sustaining the conviction, the court said: the forfeiture proceeding is quasi. criminal in nature and that "its ob· ject, like a criminal proceeding, is to "Accepting our original premise that the car was admissible penalize for the commission of an of· in evidence, as an instrumentality used in the commission of the l fense against the law." The Court crime, and it not being practical to produce a car in a court• I said that it would be anomalous there· room and that the car would have to be held until trial which could be and was several months away, during which time it .. • to hold that the evidence so de· d would be excluded in a criminal could deteriorate in value and the evidence of blood, etc., could fade and disappear, it was perfectly proper for the officers to .... proceeding but admitted in a libel make pictures of the blood stains, a mold of the tire and to pre• action for forfeiture of property. Ac· serve the handkerchief. Everything connected with the car, cordingly, the judgment of the Penn· which would in any way demonstrate the use of the defendant's sylvania Supreme Court was reversed car in the commission of this crime, was admissible without a and the matter was remanded for a search warrant." review of the trial court's finding that ' the officers did not have probable Also of significance here is a recent decision by the Supreme ~ cause for the search involved. It is Court of the United States, in Cooper v. California, No. 103, well settled, therefore, that unless the this term, decided February 20, 1967, sustaining a search con- • search which provides proof of the ducted 8 days after the automobile had been impounded by the unlawful use of the automobile is rea· police. Although that case specifically dealt with the search of .. sonable, the evidence derived thereby a vehicle subject to forfeiture for carrying contraband, the will be barred from admission both broad language of the opinion lends support to the instrumen- in a criminal prosecution against the tality theory. "The question," the Court said, "is not whether ., owner or operator and in a forfeiture the search was authorized by State law" but rather "whether the proceeding against the vehicle itself. search was reasonable under the fourth amendment." Here, the search was "closely related to the reason petitioner was arrested, the reason his car had been impounded, and the rea- son it was being retained." Under these circumstances, it was The next installment in this series ruled, "the examination or search of the car validly held by on "Search 0/ Motor Vehicles" will officers for use as evidence" was not unreasonable. appear in July. : We 1967 27 Notify the FBI WANTED BY THE FBI Any person having informa. which might assist in locating t s fugitive is requested to immediately notify the Director of the Federal Bu- reau of Investigation, U.S. Depart- ment of Justice, Washington, D.C. 20535, or the Special Agent in Charge of the nearest FBI field office, the ~ telephone number of which appears on the first page of most local directories. "INITIALLY," A BAD BUSINESS PRACTICE r A checkring operating out of Bal- timore, Md., over a 2month period GEORGE LEE JORDAN succeeded in passing bad checks total f ing $100,000. Theft of Government Property One member of the gang would go into a bank and ask the manager to ~ cash a valid money order for a small George Lee Jordan is being sought Description amount, usually $5 or $10. After the by the FBI for theft of Government manager approved the money ~ Age...... 35, born Jan. 14, 1932, property. A Federal warrant for his by initialing it, the subject wo o. Richmond, Va. (not arrest was issued on February 12, supported by birth leave the bank. The ring then traced 1966, at Brooklyn, New York. records). the bank manager's initials onto a HeighL...... 5 feet, 9 inches. stolen or forged check in an amount WeighL...... 170 pounds. ranging between $7,000 and $10,000. The Crime Build...... Medium. HaiL...... Black. The following day two identical On February 9, 1966, Jordan, a Eyes...... Brown. checks, one with the forged approval _ Government employee, allegedly en· Complexion...... Dark. initials of the manager and one with- tered the control tower at LaGuardia Race...... Negro. out, are taken into the bank. The " Nationality...... American. subject presents the check without the Airport in New York City, and shot Occupations....•_ Automobile mechanic, his supervisor 4 times with a .38 cali· laborer. approving initials and is told by the • ber revolver. He is then reported to Scars and marks.. Scar on left thigh. teller to take it to the manager for Remarks ...... _ Reportedly has artificial initialing. The subject makes a have stolen a Government·owned auto- f left eye. pretense of heading toward the man- mobile, which he used to flee. The FBI No...... 947,026 D. ager, switches checks, and returns to ' car was recovered later the same day Fingerprint classi· the same teller a few minutes later. on the New Jersey Turnpike where it fication. • 3 1 aAat 8 Ref: A T T He presents the check having the had been abandoned. 1 aTa A A T forged initials, and it is cashed with- out question or demand for identifi.- The Fugitive cation. ., Caution This fraudulent checkring was 1 Jordan has been convicted of bur- Jordan is reportedly armed with a broken through excellent cooperation ~ glary. He is described as a bowling .38 caliber revolver, with which he al- between the FBI and Baltimore city enthusiast and has been employed as legedly shot a man 4 times, and is and county police, resulting in the .,. an automobile mechanic and laborer. considered very dangerous. arrest of several members of the rl' . , 28 FBI Law En force ment Bulle 4 ~ rime Commission Report ... Not an Indictment • J. Edgar Hoover, Director, Federal Bureau of of Police Investigation Some recent news reports on the "Task Force cent-wherein its staff members discovered ex• Report: The Police" implied that police dishon• cessive use of force by law enforcement officers. esty and police brutality are rampant in the The danger of highlighting these infrequent • United States. Director J. Edgar Hoover of the acts of police misconduct is that it conveys an en• .... ~ BI was one of the first to take issue with this false tirely false impression that such practices are . mpression of the "Report" which was prepared common and widespread. This simply is not by the President's Crime Commission. true. Director Hoover, in response to inquiries from QUESTION: You do not feel, then, that the re• newsmen, stated it was "unfortunate and cer• port of the President's Crime Commission is• tainly unwarranted" that some accounts of the nor was it intended to be-an indictment of the "Report" were so "distorted as to overemphasize police? alleged police brutality and corruption." He said the report is not, and was not intended to be, ANSWER: That is absolutely correct; and I am an indictment of police. confident that those who worked on the report Here are the questions and Director Hoover's will agree. answers: Let me repeat what I have said on many occa• QUESTION: Mr. Hoover, in releasing the "Task sions in the past. Even one instance of dishon• Force Report: The Police" last week, a member esty or use of excessive force by a police officer of the staff of the President's Crime Commission is one too many. But approximately 420,000 placed a great deal of emphasis on police dis• persons are engaged in law enforcement positions honesty and police brutality. Do you feel this in the United States today, and to cast doubt upon was justified? the decency, sincerity, or integrity of the entire ANSWER: It is unfortunate and certainly unwar• profession based upon the regrettable actions of ranted that the Task Force Report should have a very few-actions which are definite excep• been so interpreted and distorted as to overem• tions, and not the rule-would be grossly unjusti• phasize alleged police brutality and corruption. fied and unfair. The "Report" itself on page In fact, the "Report" on page 180 specifically 208 cautions against general conclusions con• cautions against any effort to generalize upon the cernmg police dishonesty based on its limited few instances-less than one-half of one per• study . ~ . - UNITED STATES DEPARTMENT OF JUSTICE POSTAGE AND FEES PAID FEDERAL. BUREAU OF INVESTIGATION FEDERAl. BUREAU OF INVESTIGATION WASHINGTON. D.C. 20535 OFFICIAL .BUSINESS RETURN AFTER 5 DAYS INTERESTING PATTERN .. . ~ This pattern Is considered to be unu.ual and Interesting because of the two looping ridges found at the Immediate left of the right delta. In the Identification Division of the FBI, this Impres.lon i. classified as an • accidental whorl with an outer tracing.